Journalist jailed for publishing unregistered newspaper

Chiredzi-based freelance journalist Patrick Chitongo has been sentenced to one-year imprisonment by magistrate Tafadzwa Mhlanga for publishing an unregistered newspaper, the Media Institute of Southern Africa (Misa) — Zimbabwe said yesterday in an alert.

BY STAFF REPORTER

Quoting the latest issue of The Mirror newspaper based in Masvingo, Misa said Chitongo was jointly charged with Tafadzwa Mhlanga, Givemore Kadzwida and Courage Bandera.

The four stood accused of collaborating to publish a newspaper that was not registered with the Zimbabwe Media Commission (ZMC), with a view to selling it.

“They proceeded to publish three issues of the unregistered newspaper titled The Southern Mirror,” the media advocacy group said.

The State, led by Chiedza Muhwandavaka, argued that this was in contravention of Section 72(1) the Access to Information and Protection of Privacy Act (AIPPA) which states that: “No person shall carry on or operate a mass media service without a valid registration certificate.”

Chitongo’s co-accused persons were subsequently acquitted after it was established that they were students who did not play any role in the publication of the newspaper.

Chitongo, who was represented by Martin Mureri of the Zimbabwe Lawyers for Human Rights unsuccessfully argued that the published newspaper was just a dummy meant to be presented to ZMC for the purposes of registration.

Chitongo will serve an effective 8 months’ imprisonment following the suspension of four months of the sentence on condition that he does not commit a similar offence in the next five years.

The law applied in its strictest sense can easily become a tool of oppression and suppression. The magistrate was too harsh and strict and the sentence is unreasonable, where rapists and murderers are roaming the streets. The adage of the Tyranny of Law is playing out.

The basis of the sentence, a discredited legislation AIPA, which was described by a national hero, freedom fighter, cabinet minister, Honorable MP, Harvard Trained Lawyer, the late Dr. Edison Mudadigwa Zvobgo, as ” An affront and assault to civil liberties… an unconstitutional piece of law Zimbabwe (Independent) has ever experienced and reminiscent of the colonial era.”

Advice – Chitongo should appeal both the conviction and sentence in a higher court, because he is a first offender and also because the sentence is arbitrary, devoid of logic and reason.

With elections fast approaching, the National Peace and Reconciliation Commission (NPRC) must without delay develop mechanisms for early detection of areas of potential conflicts and disputes especially those that directly affect children. ...